HUD has issued a notice that pertains to all PHA and O/A property owners and agents that will continue until rescinded. This notice explains what programs this notice covers, including, but not limited to:
- All project based Section 8 (including RD515/8)
- All 202 PRAC; 811 PRAC (including the new demonstration 811)
- Project-based Certificate and Housing Choice Vouchers
- Tenant-based Housing Choice Vouchers,
- ETC, See notice for list of other programs.
The notice extends the requirement for a ban on all Lifetime Sex Offender households in subsidized housing; please note the following:
- A criminal background check must be performed during the application stage. This check must be done in every state the household has ever lived. Thus it is best to use a nationwide service. (The Dru Sjodin Nation Sex Offender database is located at: www.nsopw.gov)
- HUD recommends the screening of minors in states where allowed.
- The results of the search for O/A programs, along with the application must be retained in accordance with Paragraph 4-22 of the 4350.3.
- HUD recommends that the O/A ask each household at annual recertification if anyone in the household is now subject to the Sex Offense Register (SOR).
- Furthermore the last Paragraph C of Section V states that the O/A should pursue termination of tenancy.
- Review your Tenant Selection Policy to ensure your policy follows this Notice in banning a household if a member of that household is listed on the lifetime sex offender register.
- Make sure you run a criminal background in every state the household has lived during the application process. NOTE: The background check is run within 90 of anticipated occupancy. Best to run the check 30-days prior to occupancy if possible.
- Check you tenant rules and policies and add a statement that you will run a check of the SOR at annual recertification. In addition, you will need to state that if anyone in a household is listed on the SOR, the household’s lease will be terminated. We recommend that this should be done even if you have a general policy on criminal activity.
H. M. “Mickey” Myers
Executive Director, TAAH